Sampair v. Village of Birchwood

784 N.W.2d 65, 2010 Minn. LEXIS 382, 2010 WL 2680252
CourtSupreme Court of Minnesota
DecidedJuly 8, 2010
DocketA08-1494, A08-1505
StatusPublished
Cited by10 cases

This text of 784 N.W.2d 65 (Sampair v. Village of Birchwood) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sampair v. Village of Birchwood, 784 N.W.2d 65, 2010 Minn. LEXIS 382, 2010 WL 2680252 (Mich. 2010).

Opinions

OPINION

GILDEA, Chief Justice.

This appeal involves the application of Minn.Stat. § 541.023 (2008), also known as the Marketable Title Act (MTA), to a number of easements which have been of record over 40 years. The issue before us is whether the conclusive presumption of abandonment in the MTA operates to extinguish appellants’ interests in the easements, or whether appellants fall under the MTA’s exception for parties in possession of real estate. The parties dispute the proper standard of proof necessary to satisfy the MTA’s possession exception and who bears the burden of proof to demonstrate possession. We conclude that the MTA possession exception requires those seeking its protection to prove use of an easement sufficient to put a prudent person on notice, giving due regard to the nature of the easement at issue. We further conclude that the MTA possession exception requires those seeking its protection to prove possession beginning at the deadline for filing notice under the MTA — i.e., within 40 years of when the property interest was created— and continuing through the filing of the relevant action regarding ownership. Because some appellants have met this standard sufficiently to survive a motion for summary judgment and others have not, we affirm in part and reverse in part.

Roughly 100 years ago, several easements were granted across a lakeshore property in Washington County for the purpose of allowing access to White Bear Lake for swimming and boating. That lakeshore property is now owned by respondents, Laurie and Anthony Sampair. Before the Sampairs bought the property, their predecessors in interest, James T. Krizak and Christina R. Palme-Krizak, had filed an application for the property to be registered as Torrens property under Minnesota Statutes chapter 508 (2008).

After purchasing the property in 2007, the Sampairs continued to pursue the Torrens registration application. As part of that application, they sought to have a number of the recorded easements terminated. The Sampairs served each easement owner and won default judgments against the majority of them.

The 15'1 appellants answered the Sam-pairs’ complaints and claimed easements across the Sampairs’ property. Appellants’ claimed easements were created by deeds issued roughly 100 years ago. Each deed granted a “right of way” over what is now the Sampairs’ property to allow boating and swimming in White Bear Lake.

After submitting affidavits asserting use of their claimed easements for various periods of time, appellants moved the district court for summary judgment, a permanent injunction against respondents, and an order instructing the Registrar of Titles to memorialize their easements. The Sam-pairs also moved for summary judgment [68]*68and filed a motion to compel discovery. The district court granted the Sampairs’ motion for summary judgment and denied all other motions.

The district court held that Minn.Stat. § 541.023 applied to appellants’ claimed easements and found that none of the appellants had filed the required notice of their claims under that statute. Therefore, appellants were conclusively presumed to have abandoned their easements. The district court further held that none of the appellants had provided sufficient evidence to create a genuine issue of material fact as to whether they met the possession exception of Minn.Stat. § 541.023. The district court stated that the affidavits of Josephine Berg Simes, relating to an easement shared by Simes, James Berg, and Frima Bender, might contain allegations of sufficient facts to create an issue of material fact, but the court concluded that, because Simes’s affidavits appeared to be contradicted by the contents of an earlier letter written by her lawyer that she attached to one of her affidavits, the sham affidavit doctrine precluded the court from considering Simes’s affidavits. Therefore, the court held that none of the appellants had created an issue of material fact.

Appellants appealed to the court of appeals, which affirmed the district court on the same grounds. In re Sampair, No. A08-1494, A08-1505, 2009 WL 1587166, at *1-5 (MinmApp. June 9, 2009). We granted appellants’ petition for review.

I.

On an appeal from a grant of summary judgment, we review de novo whether there are any genuine issues of matei’ial fact and whether the district court erred in applying the law. STAR Ctrs., Inc. v. Faegre & Benson, L.L.P., 644 N.W.2d 72, 76 (Minn.2002). In doing so, we view the evidence in the light most favorable to the party against whom summary judgment was granted — in this case, the appellants. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993).

This case is governed by the MTA, MinmStat. § 541.023, and our precedent construing that statute. The MTA provides:

As against a claim of title based upon a source of title, which source has then been of record at least 40 years, no action affecting the possession or title of any real estate shall be commenced ... to enforce any right, claim, interest, in-cumbrance, or lien founded upon any instrument, event or transaction which was executed or occurred more than 40 years prior to the commencement of such action, unless within 40 years after such execution or occurrence there has been recorded in the office of the county recorder in the county in which the real estate affected is situated, a notice ... setting forth the name of the claimant, a description of the real estate affected and of the instrument, event or transaction on which such claim is founded, and stating whether the right, claim, interest, incumbrance, or lien is mature or immature.

Minn.Stat. § 541.023, subd. 1. The MTA applies to every property interest “founded by any instrument, event or transaction that is at least 40 years old.” Id., subd. 2(a).

By operation of the MTA, when X holds property in fee simple that has been of record for over 40 years, and Y claims an interest in that property that is also at least 40 years old, then Y, or Y’s predecessors in interest, must have filed the statutorily prescribed notice of Y’s claim within 40 years of the creation of the interest Y now claims. See Minn.Stat. § 541.023; Wichelman v. Messner, 250 Minn. 88, 99-101, 112, 83 N.W.2d 800, 811-13, 819-20 [69]*69(1957). The purpose of notice under the MTA is to confirm the continuation of Y’s interest in property and to eliminate stale claims that may clutter X’s title. See Wichelman, 250 Minn. at 99-101, 83 N.W.2d at 812-13. Any potential claimant who has not filed the statutorily prescribed notice within 40 years of the creation of its interest “shall be conclusively presumed to have abandoned” any interest it might have had in the property. Minn.Stat. § 541.023, subd. 5. Easements are among the property interests that can be eliminated under the MTA. See, e.g., Caroga Realty Co. v. Tapper, 274 Minn. 164, 177-80, 143 N.W.2d 215, 224-26 (1966).

Appellants do not dispute that their easements are more than 40 years old, and they concede that they (and their predecessors in interest) did not file the notice required by the MTA.

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784 N.W.2d 65, 2010 Minn. LEXIS 382, 2010 WL 2680252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sampair-v-village-of-birchwood-minn-2010.